Europe Daily News, 27 March 2025

COMPETITION

• Opinion of Advocate General Rantos of 27 March 2025 in Case C-2/24 P; Teva Pharmaceutical Industries Ltd, Cephalon Inc. Vs. European Commission
  Re: Appeal - Competition - Agreements, decisions and concerted practices - Modafinil market - Patent dispute settlement agreement aimed at delaying the entry onto the market of a cheaper version of modafinil - Decision infringing Article 101 TFEU and Article 53 of the EEA Agreement - Action for annulment - Restriction by object - Restriction by effect - Assessment tests
• Opinion of Advocate General Campos Sànchez-Bordona of 27 March 2025 in Case C-34/24; Stichting Right to Consumer Justice, Stichting App Stores Claims Vs. Apple Distribution International Ltd, Apple Inc.
  Re: Reference for a preliminary ruling - Abuse of a dominant position through sales on an online platform - Judicial cooperation in civil and commercial matters - Interpretation of Article 7(2) of Regulation (EU) No 1215/2012 - International jurisdiction - Territorial jurisdiction - Place of the causal event - Place where the damage occurred - Representative actions - National procedural rule on the concentration of proceedings before a single court
• Non-opposition to a notified concentration (Case M.11888 - HIG Capital / Heller)
• Commission clears acquisition of SP Mobility by SPL and ETA (M.11911) - Midday Express
• Commission clears creation of joint venture by SQM and Codelco (M.11734) - Midday Express
• Commission clears acquisition of UniCredit Allianz Vita by UniCredit (M.11851) - Midday Express
• Commission clears acquisition of the German, Dutch and UK businesses of the Schumacher Group by Mondi (M.11786) - Midday Express
• Denmark - Salling Group acquires 33 Stores from Coop Danmark
• Denmark - Botex A.M.B.A, (an association of undertakings) whose members are independent retailers maintained an agreement for at least 12 years that restricted competition
• EU pressed Meta to address antitrust concerns over Facebook marketplace - CPI/Bloomberg

STATE AID

• Opinion of Advocate General Rantos of 27 March 2025 in Case C-632/23; European Commission Vs. Republic of Bulgaria
  Re: Failure of a Member State to fulfil obligations - State aid - Aid declared unlawful and incompatible with the internal market - Second subparagraph of Article 108(2) TFEU - Decision (EU) 2015/456 – State aid granted during swaps of forest land - Obligation of recovery - Duty to provide information - Failure to implement within the prescribed period - Appointment of an independent expert for the purposes of determining the amounts of aid to be recovered - Lack of independence of that expert
• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections – SA.117282; SA.109742 & SA.117292
• EFTA Surveillance Authority - State aid - Decision to raise no objections:  213/24/COL - Norway; 214/24/COL - Norway & 210/24/COL - Iceland

TRADE & CUSTOMS

• Judgment of the Court of 27 March 2025 in Case C-351/24; C/C Vámügynöki Kft. Vs. Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
  Re: Reference for a preliminary ruling - Free movement of goods - Customs Union - Union Customs Code - Article 119(3) - Error in the issue of movement certificates - Repayment or remission of import or export duties - Regional Convention on pan-Euro-Mediterranean preferential rules of origin - Appendix I - Article 32 - Administrative cooperation - Verification of proof of origin’
  
• Agenda for: Working Party on the United Kingdom - 28 March 2025
  
• Explanatory notes to the Combined Nomenclature of the European Union (CN: 7020 00 80) 
• Notifications under part three of the trade and cooperation agreement: modifications of the list of competent authorities
• Council Decision (EU) 2025/602 of 5 November 2024 on the position to be taken on behalf of the European Union within the Trade Committee established by the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part, as regards modifications to Appendices 2, 2A and 5 to Annex II to that Agreement
  
• Draft opinion by MEP Mireia Borràs Pabon - Proposal for a Regulation of the European Parliament and of the Council on the modification of customs duties applicable to imports of certain goods originating in or exported directly or indirectly from the Russian Federation and the Republic of Belarus - Amendments 179-190
• EU Submission on request for comments concerning proposed action in Section 301 investigation of China's targeting of the maritime logistics, and shipbuilding sectors for dominance
• Minutes of the Trade Specialised Committee on Sanitary and Phytosanitary measures under the EU-UK Trade and Cooperation Agreement - 21 October 2024
• Statement by President von der Leyen on the US announcement of car import tariffs – 26 March 2025 - see the FactSheet
• EU trade in goods surplus up to €147 billion in 2024 - See Eurostat Press Release
• WTO - The third review of the trade policies and practices Cambodia takes place on 26 and 28 March 2025.
• WTO - Agriculture Committee adopts two decisions to enhance transparency, notifications
• US auto tariffs will hurt global automakers and US manufacturing at the same time - See Acea Statement
• Von der Leyen vows EU will protect its interests as Trump announces huge car tariffs - Politico.eu
• Trump threatens EU and Canada with even bigger tariffs as trade war snowballs - Politico.eu
• UK not retaliating to Trump’s latest tariff threat, chancellor says - Politico.eu

INTERNAL MARKET & INDUSTRY

• Commission Notice – The 2025 annual Union work programme for European standardisation
• Commission takes action to ensure complete and timely transposition of EU directives
• Simplification: Council agrees position on the ‘Stop-the-clock’ mechanism to enhance EU competitiveness and provide legal certainty to businesses
• Commission publishes a roadmap for the New European Bauhaus Facility to make neighbourhoods across Europe more sustainable, beautiful and inclusive - See also the Public consultation analysis - Midday Express

FINANCE

• ESMA makes recommendations for the supervision of STS securitisations
• ESMA - Verena Ross' Keynote speech at the ALFI Global Asset Management Conference, 26 March 2025
• ESMA - Guidelines on certain aspects of the suitability requirements and format of the periodic statement for portfolio management activities under MiCA
• Answer given by Ms Albuquerque to a MEP written question - Insurance market in Ireland

TAXATION

• Opinion of Advocate General Kokott of 27 March 2025 in Joined Cases C‑92/24 to C‑94/24, Banca Mediolanum SpA and Others Vs. Agenzia delle Entrate - Direzione Regionale della Lombardia
  Re: Reference for a preliminary ruling - Directive on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (Parent-Subsidiary Directive) - Scope of double taxation to be avoided - Inclusion of 50% of the dividends received from a subsidiary in the basis of assessment of a regional tax on productive activities (IRAP) - Similarity of IRAP to a corporation tax that taxes the income of corporations

EMPLOYMENT & SOCIAL AFFAIRS

• Special report 10/2025: Labour market reforms in the national recovery and resilience plans – Some results, but not sufficient to address structural challenges

ENVIRONMENT & CLIMATE CHANGE

• Urban waste water treatment: the Court imposes financial penalties on Italy for failing to comply with its collection and treatment obligations for four agglomerations (See CPR Nº 40/2025 - Judgment of the Court of Justice in Case C-515/23, Commission Vs. Italy)
• Opinion of Advocate General Medina of 27 March 2025 in Case C‑129/24; Coillte Cuideachta Ghníomhaíochta Ainmnithe Vs. Commissioner for Environmental Information, joined parties: Person(s) unknown AKA John and/or Jane Doe, Ireland, Attorney General, Right to Know CLG
  Re: Reference for a preliminary ruling - Environment - Aarhus Convention - Directive 2003/4/EC - Public access to environmental information - Access to environmental information upon request - Concepts of ‘applicant’ and ‘request’ - Anonymous or pseudonymous request - Requirement that applicants provide their actual name and a current physical address - Invalidity of the request - Refusal of the request where it is manifestly unreasonable

HEALTH, FOOD & PRODUCT SAFETY

• Answer given by Mr Várhelyi to a MEP written question - Brazilian authorities’ proven inability to prevent hormone-treated meat from entering the EU market
• Answer given by Mr Várhelyi to a MEP written question - Health controls on food products imported under trade agreements, in particular the EU-Mercosur FTA

EFSA

• Pest survey card on Gremmeniella abietina;Saperda candida; Apiosporina morbosa; Grapholita inopinata, G. packardi and G. prunivora & Venturia nashicola
• Commodity risk assessment of Populus alba, Populus nigra and Populus tremula plants from the UK
• Modification of the existing maximum residue level for deltamethrin in cherries

DIGITAL, DATA PRIVACY & INFORMATION SOCIETY

• Opinion of Advocate General Capeta of 27 March 2025 in Case C‑97/23 P, WhatsApp Ireland Ltd Vs. European Data Protection Board
  Re: Appeal - Protection of personal data - Regulation (EU) 2016/679 - Article 65 - Consistency mechanism - Dispute resolution by the European Data Protection Board - Action for annulment - First paragraph of Article 263 TFEU - Concept of ‘challengeable act’ - Fourth paragraph of Article 263 TFEU - Concept of ‘direct concern’ - Concepts of ‘preparatory act’ and ‘intermediate act’ - Question of the ‘non-enforceability’ of a decision against a natural or legal person - Discretion of the body implementing that decision
• Opinion of Advocate General  Szpunar of 27 March 2025 in Case C‑654/23; Inteligo Media SA Vs. Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP)
  Re: Reference for a preliminary ruling - Directive 2002/58/EC - Article 13(1) - Use of electronic mail for the purposes of direct marketing - Article 13(2) - Concept of ‘commercial communication’ - Regulation (EU) 2016/679 - Article 95 - Article 83(2) - Obligation to state reasons
  
• Answer given by Executive Vice-President Virkkunen to a MEP written question - Use of personal databases without consumers’ knowledge
• Answer given by Executive Vice-President Virkkunen to a MEP written question - Protecting minors from targeted online advertising

TRANSPORT & MOBILITY

• Agenda for: Working Party on Aviation - 03 April 2025
• Answer given by Mr Tzitzikostas to a MEP written question - Rail market access barriers in France – a flawed liberalisation that stifles competition and limits choice
• Answer given by Mr Tzitzikostas to a MEP written question - Continued strengthening of the EU Solidarity Lanes to support Ukraine
• Answer given by Mr Tzitzikostas to a MEP written question - Enhancing EU maritime surveillance to fight Russia’s shadow fleet

ECB, EURO & ECONOMY

• Defence financing and spending under the Economic Governance framework - See the In-Depth Analysis
• ECB - Monetary developments in the euro area: February 2025
• Private safe-asset supply and financial instability - ECB Working paper Series No.3044
• Macroprudential and monetary policy tightening: more than a double whammy? - ECB Working paper Series No.3043
• Effects of monetary policy on labour income: the role of the employer - ECB Research Bulletin No.129

EU INSTITUTIONS AFFAIRS

• Court of Justice of the European Union: member states’ representatives appoint thirteen judges to the General Court

EXTERNAL RELATIONS

• EU pledges €3.4 billion to combat global malnutrition
• Biological and Toxin Weapons Convention: Statement by the Spokesperson on the 50th Anniversary